How to deal with the misappropriation of public funds by the industry Committee

Legal analysis: The staff of the owners' committee misappropriate property funds for personal use, such as misappropriating funds 1000 to 30,000 yuan, failing to pay them back for more than three months or engaging in profit-making activities, and misappropriating funds from 5,000 yuan to 20,000 yuan to engage in illegal activities, which constitutes the crime of misappropriation of funds and should be convicted and punished in accordance with the provisions of the Criminal Law. If it does not constitute a crime, the public security organ shall detain it for more than five days and less than ten days, and may also impose a fine of not more than 500 yuan; If the circumstances are serious, he shall be detained for more than 10 and less than 15, and may also be fined less than 1000 yuan.

Legal basis:

Article 26 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment commits one of the following acts, and shall be detained for more than five days and less than ten days, and may be fined not more than five hundred yuan; If the circumstances are serious, they shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than 1,000 yuan: (1) gathering people to fight; (2) Chasing or intercepting others; (three) extortion or arbitrary damage, embezzlement of public or private property; (4) Other provocative acts.

Article 272 of the Criminal Law of People's Republic of China (PRC), any employee of a company, enterprise or other unit who, by taking advantage of his position, misappropriates the funds of his own unit for personal use or lends them to others, and fails to pay them back for more than three months, or engages in profit-making activities or illegal activities for less than three months, shall be sentenced to fixed-term imprisonment or criminal detention; Whoever misappropriates a huge amount of funds from his own unit shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the amount is especially huge, he shall be sentenced to fixed-term imprisonment of not less than seven years.

Personnel engaged in public service in state-owned companies, enterprises or other state-owned units and personnel appointed by state-owned companies, enterprises or other state-owned units to engage in public service in non-state-owned companies, enterprises or other units shall be convicted and punished in accordance with the provisions of Article 384 of this Law.

Whoever commits the act mentioned in the first paragraph and returns the misappropriated funds before initiating public prosecution may be given a lighter or mitigated punishment. Among them, if the crime is minor, the punishment may be mitigated or exempted.

Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Criminal Cases under the Jurisdiction of Public Security Organs (2) Article 85 Staff members of companies, enterprises or other units, taking advantage of their positions, misappropriate their own funds for personal use or lend them to others. Suspected of one of the following circumstances, should be filed for prosecution:

(a) the amount of funds misappropriated by the unit is more than 10 thousand yuan to 30 thousand yuan, which has not been returned for more than three months;

(2) Misappropriating the funds of the unit for profit-making activities in an amount of not less than 10,000 yuan but not more than 30,000 yuan;

(3) misappropriating the funds of the unit from 5,000 yuan to 20,000 yuan for illegal activities.

In any of the following circumstances, it belongs to "self-use" as stipulated in this article:

(a) the funds of the unit for himself, his relatives or other natural persons;

(two) in the name of an individual, the funds of this unit are used for other units;

(3) Individuals decide to use their own funds for other units in the name of their own units to seek personal interests.